[Federal Register Volume 68, Number 17 (Monday, January 27, 2003)]
[Rules and Regulations]
[Pages 3813-3816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1739]


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FEDERAL TRADE COMMISSION

16 CFR Part 303


Rules and Regulations Under the Textile Fiber Products 
Identification Act

AGENCY: Federal Trade Commission.

ACTION: Final rule.

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SUMMARY: The Federal Trade Commission (``Commission'') announces 
amendments to rule 7(m) of the Rules and Regulations Under the Textile 
Fiber Products Identification Act (``Textile Rules'') to establish a 
new generic fiber subclass name and definition for a subclass of olefin 
fibers manufactured by the Dow Chemical Company (``Dow''), of Midland, 
Michigan. The amendments to rule 7(m) establish the subclass name 
``lastol'' as an alternative to the generic name ``olefin'' for a 
specific subclass of elastic, cross-linked textile fibers defined in 
the amendments, and previously referred to by Dow as ``CEF.''

EFFECTIVE DATE: January 27, 2003.

FOR FURTHER INFORMATION CONTACT: Neil Blickman, Attorney, Division of 
Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 
Washington, DC 20580; (202) 326-3038.

SUPPLEMENTARY INFORMATION:

I. Background

A. Statutory and Regulatory Framework

    Section 4(b)(1) of the Textile Fiber Products Identification Act 
(``Act'') declares that a textile product will be misbranded unless it 
is labeled to show, among other elements, the percentages, by weight, 
of the constituent fibers in the product, designated by their generic 
names and in order of predominance by weight. 15 U.S.C. 70b(b)(1). 
Section 4(c) of the Act provides that the same information required by 
section 4(b)(1) (except the percentages) must appear in written 
advertisements if any disclosure or implication of fiber content is 
made regarding a covered textile product. 15 U.S.C. 70b(c). Section 
7(c) directs the Commission to promulgate such rules, including the 
establishment of generic names of manufactured fibers, as are necessary 
to enforce the Act's directives. 15 U.S.C. 70e(c).
    Rule 6 of the Textile Rules (16 CFR 303.6) requires manufacturers 
to use the generic names of the fibers contained in their textile 
products in making required fiber content disclosures on labels. Rule 7 
of the Textile Rules (16 CFR 303.7) sets forth the generic names and 
definitions that the Commission has established for synthetic fibers. 
Rule 8 (16 CFR 303.8) describes the procedures for establishing new 
generic names.

B. Procedural History

    Dow applied to the Commission on October 18, 2001, for a new olefin 
fiber subclass name and definition, and supplemented its application 
with additional information and test data on December 12, 2001, January 
16, 2002, and March 19, 2002.\1\ Dow stated that its

[[Page 3814]]

new cross-linked elastic fiber, CEF, is a manufactured olefin textile 
fiber with a cross-linked polymer network structure. Dow stated that 
CEF meets the broad definition of olefin fiber in the Textile Rules, 16 
CFR 303.7(m), but differs from commercially available olefin fibers 
because of its elasticity and wide temperature tolerance, and thus is a 
good choice for easy-care stretch apparel applications.
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    \1\ Dow's petition and supplements thereto are on the rulemaking 
record of this proceeding. This material is available for public 
inspection in accordance with the Freedom of Information Act, 5 
U.S.C. 552, and the Commission's rules of practice, 16 CFR 4.11, at 
the Consumer Response Center, Public Reference Section, Room 130, 
Federal Trade Commission, 600 Pennsylvania Avenue, NW., Washington, 
DC. The petition also may be viewed on the Commission's website at 
www.ftc.gov.
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    Contending that the unique structure and characteristics of fibers 
made from CEF are inadequately described under existing generic names 
listed in the Textile Rules, Dow petitioned the Commission to establish 
a new generic subclass name and definition. After an initial analysis 
with the assistance of a textile expert, the Commission determined that 
Dow's proposed new fiber technically falls within rule 7(m)'s 
definition of ``olefin.'' \2\ The Commission further determined, 
however, that Dow's application for a new subclass name and definition 
merited further consideration. Accordingly, on May 17, 2002, the 
Commission announced that it had issued Dow the designation ``DCC 
0001'' for temporary use in identifying CEF fiber pending a final 
determination on the merits of its application. The Commission staff 
further analyzed the application, and on May 24, 2002 (67 FR 36551), 
the Commission published a notice of proposed rulemaking (``NPR'') 
detailing the technical aspects of Dow's fiber, and requesting public 
comment on Dow's application. On August 12, 2002, the comment period 
closed.
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    \2\ Rule 7(m) defines ``olefin'' as ``[a] manufactured fiber in 
which the fiber-forming substance is any long chain synthetic 
polymer composed of at least 85 percent by weight of ethylene, 
propylene, or other olefin units, except amorphous (noncrystalline) 
polyolefins qualifying under paragraph (j)(1) of this section.'' 16 
CFR 303.7(m). Rule 7(j)(1) defines ``rubber,'' in part, as ``[a] 
manufactured fiber in which the fiber-forming substance is comprised 
of natural or synthetic rubber, including the following categories: 
(1) [a] manufactured fiber in which the fiber-forming substance is a 
hydrocarbon such as natural rubber, polyisoprene, polybutadiene, 
copolymers of dienes and hydrocarbons, or amorphous (noncrystalline) 
polyolefins.'' 16 CFR 303.7(j)(1). Dow's petition stated that CEF is 
not a rubber because CEF fibers have a low but significant level of 
crystallinity, whereas rubber fibers are not crystalline. In 
addition, CEF exhibits much higher tensile set (lower elastic 
recovery) than rubber when extended to greater than 100% elongation.
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II. Description of the Fiber and Solicitation of Comments in the NPR

A. The Commission's Criteria for Granting a New Generic Fiber Subclass 
Name and Definition, and Related Issues

    In the NPR, the Commission solicited comment on whether Dow's 
application meets the Commission's criteria for granting applications 
for new generic fiber subclass names. Specifically, does the proposed 
subclass fiber: (1) Have the same general chemical composition as an 
established generic fiber category; (2) have distinctive properties of 
importance to the general public as a result of a new method of 
manufacture or substantially differentiated physical characteristics, 
such as fiber structure; and (3) do the distinctive feature(s) make the 
fiber suitable for uses for which other fibers under the established 
generic name would not be suited, or would be significantly less well 
suited? \3\
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    \3\ The criteria for establishing a new generic subcategory are 
different from the criteria to establish a new generic category. The 
Commission's criteria for granting applications for new generic 
names are as follows: (1) The fiber for which a generic name is 
requested must have a chemical composition radically different from 
other fibers, and that distinctive chemical composition must result 
in distinctive physical properties of significance to the general 
public; (2) the fiber must be in active commercial use or such use 
must be immediately foreseen; and (3) the granting of the generic 
name must be of importance to the consuming public at large, rather 
than to a small group of knowledgeable professionals such as 
purchasing officers for large Government agencies. The Commission 
believes it is in the public interest to prevent the proliferation 
of generic names, and will adhere to a stringent application of 
these criteria in consideration of any future applications for 
generic names, and in a systematic review of any generic names 
previously granted that no longer meet these criteria. The 
Commission announced these criteria on Dec. 11, 1973, at 38 FR 
34112, and later clarified and reaffirmed them on Dec. 6, 1995, 60 
FR 62353, on May 23, 1997, 62 FR 28343, on Jan. 6, 1998, 63 FR 447 
and 63 FR 449, and on Nov. 17, 2000, 65 FR 69486, on Feb. 15, 2002, 
67 FR 7104, and on May 24, 2002, 67 FR 36551.
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    Within the established 24 generic names for manufactured fibers, 
there are four cases where such generic name alternatives may be used: 
(1) Pursuant to rule 7(c), 16 CFR 303.7(c), within the generic category 
``polyester,'' the term ``elasterell-p'' may be used as an alternative 
generic description for a specifically defined subcategory of polyester 
fiber; (2) pursuant to rule 7(d), 16 CFR 303.7(d), within the generic 
category ``rayon,'' the term ``lyocell'' may be used as an alternative 
generic description for a specifically defined subcategory of rayon 
fiber; (3) pursuant to rule 7(e), 16 CFR 303.7(e), within the generic 
category ``acetate,'' the term ``triacetate'' may be used as an 
alternative generic description for a specifically defined subcategory 
of acetate fiber; and (4) pursuant to rule 7(j), 16 CFR 303.7(j), 
within the generic category ``rubber,'' the term ``lastrile'' may be 
used as an alternative generic description for a specifically defined 
subcategory of rubber fiber.
    Although the Commission's NPR announced that Dow's fiber 
technically falls within rule 7(m)'s definition of olefin, it noted 
that Dow's application may meet the Commission's standard for a 
subclass name. Alternatively, the Commission stated that CEF may fit 
within the current definition of olefin in rule 7(m), with or without 
need for clarification. Therefore, the Commission requested public 
comment on whether to: (1) Broaden rule 7(m)'s definition of olefin to 
better describe the allegedly unique molecular structure and physical 
characteristics of CEF and any similar fibers (without creating a new 
subclass for CEF); (2) amend rule 7(m)'s definition of olefin by 
creating a separate subclass name and definition for CEF and other 
similar qualifying fibers within the olefin category; or (3) deny Dow's 
application because CEF fiber fits within rule 7(m)'s definition of 
olefin without need for any change.

B. The NPR

1. Fiber Description and Proposed Subclass Name and Definition
    The NPR provided a detailed description, taken from Dow's 
application, of CEF's chemical composition and physical and chemical 
properties.\4\ As a result of CEF's fiber structure, Dow maintained 
that CEF has the following distinctive properties that would be 
significant to consumers: (1) Stretch and recovery power that is far 
superior to that of any olefin fiber; (2) shape retention at 
temperatures in excess of 170[deg] C, which enables CEF to survive 
rigorous manufacturing and consumer care processes; and (3) chemical 
resistance to solvents that typically dissolve conventional olefins. 
Dow asserted that olefin, widely recognized as a dependable carpet 
fiber that has no stretch or elastic recovery and poor high temperature 
stability, is an inappropriate categorization for the elastic olefin 
fiber, CEF, which is targeted for apparel applications. Dow stated that 
CEF will offer consumers a wider choice in garments containing stretch 
fabric, and contended that it would be confusing to consumers if CEF is 
called simply ``olefin.''
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    \4\ 67 FR 36551, at 36552-36554 (May 24, 2002). For brevity's 
sake, the Commission is providing a simplified description of the 
fiber in this notice, and refers those who wish to see detailed 
technical information about the fiber to the NPR.
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    Dow, therefore, petitioned the Commission to establish the generic 
name ``lastol'' as an alternative to, and a subclass of, ``olefin.'' In 
addition, Dow proposed that the Commission add the following sentence 
to the current definition of olefin in rule 7(m) to define CEF and 
similar fibers as a subclass of olefin:


[[Page 3815]]


    Where the fiber is a manufactured cross-linked elastic fiber in 
which (a) the fiber-forming substance is a synthetic polymer, with 
low but significant crystallinity, composed of at least 99 percent 
by weight of ethylene and at least one other olefin unit, and (b) 
the fiber exhibits substantial elasticity and heat resistance 
properties not present in traditional olefin fibers, the term lastol 
may be used as a generic description of the fiber.

    The effect of Dow's proposed amendment would be to allow use of the 
name ``lastol'' as an alternative to the generic name ``olefin'' for 
the subcategory of olefin fibers meeting the further criteria contained 
in the sentence added by the proposed amendment.
2. Public Comments
    The Commission received no comments on the NPR.
3. Discussion of the Three Criteria for Granting New Generic Subclass 
Names
a. CEF Fiber's Chemical Composition
    The Commission has concluded that the materials Dow submitted show 
that although CEF has the same general chemical composition as other 
olefin fibers, it also has a molecular and fiber structure that differs 
from typical olefins. CEF is founded on metallocene-based polyolefin 
elastomer chemistry and is manufactured using a melt spinning process. 
After spinning, the fiber is cross-linked in order to prevent 
dissolution and impart high-temperature dimensional stability. After 
the cross-linking process, the polymer chains in the fiber are linked 
to one another via covalent bonds.
    The interpolymer \5\ in CEF has been made from ethylene and, 
typically, octene in excess of 30 weight percent using a constrained 
geometry catalyst, a member of the metallocene family. The catalyst 
allows precise control of the molecular architecture of the polymer, 
which prior to cross-linking has a narrow molecular weight 
distribution. As a result, the molecules in CEF are very similar in 
size and composition to each other. In contrast, typical olefin fiber 
manufactured today results from conventional multi-site catalyst 
technology (such as Ziegler-Natta catalysts). Consequently, typical 
olefin fiber has a broad compositional molecular weight distribution, 
and low or no comonomer content.
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    \5\ Interpolymer refers to polymers prepared by the 
polymerization of at least two different types of monomers, 
typically ethylene and octene.
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    As a result of CEF's unique chemical structure, its high comonomer 
content, CEF has lower crystallinity and density than conventional 
olefin fibers. Unlike conventional olefin fiber where the polymer 
crystals are in lamellae form,\6\ the crystals in the CEF fiber-forming 
substance are in fringed micelle form.\7\ The fringed micellar 
crystalline morphology and the low, but significant, level of 
crystallinity in CEF, which differentiates it from rubber, impart 
elastic properties not seen in typical olefin fibers. Thus, Dow's 
application meets the first criterion for granting a new generic fiber 
subclass name.
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    \6\ In lamellae form, the polymer chains are folded in the 
crystalline or ordered regions.
    \7\ In fringed micelle form, the polymer chains are extended and 
parallel to each other in the crystalline regions.
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b. CEF's Distinctive Properties Are a Result of a New Method of 
Manufacture or Substantially Differentiated Physical Characteristics, 
Such as Fiber Structure
    1. Elasticity. The materials Dow submitted also show that the most 
notable characteristic (and of greatest importance to consumers) of CEF 
is its elasticity, which is superior to that of conventional olefin 
fiber. CEF's favorable stretch (at least five times its original length 
before breaking) and elasticity (stretching to twice its length and, 
when released, recovering to within 25 percent of its original length) 
are a direct result of its low level of crystallinity and its fringed 
micellar crystal form. As a result, CEF can be successfully used in 
clothing applications where stretch is desirable.
    In contrast, conventional olefin fiber is more stiff and less 
elastic than CEF. Typical olefin fibers (in their manufactured, 
``drawn,'' form) exhibit low elongation before breaking (typically less 
than 50%) and, therefore, cannot be used as successfully as CEF in 
apparel markets for stretch clothing.
    2. High Temperature Stability. CEF's covalent cross-links connect 
adjacent polymer chains into a contiguous three-dimensional polymer 
network. Dow's materials show that this cross-linked polymer network 
structure allows CEF to maintain its shape and mechanical integrity 
above its crystalline melting temperature.\8\ It appears that CEF 
retains its shape at temperatures up to 220[deg] C, in excess of 
conventional olefin's melting point, which occurs at or below 170[deg] 
C.
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    \8\ CEF's cross-linked polymer network structure also allows CEF 
to maintain its integrity in solvents that typically dissolve 
conventional olefins.
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    CEF's ability to withstand high temperatures has advantages for 
textile manufacturers who can use dye and process methods requiring 
temperatures in excess of 170[deg] C. CEF also has advantages for 
consumers because they will be able to repeatedly wash, dry, and iron 
fabrics containing CEF at typical temperatures (up to 210[deg] C) 
without destroying CEF's stretch properties. In contrast, since 
conventional olefin fiber loses its shape and mechanical integrity at 
temperatures ranging from 105-170[deg] C, it cannot withstand as well 
as CEF the rigors of high heat and repeated launderings.
c. CEF's Distinctive Features Make the Fiber Suitable for Uses for 
Which Other Olefin Fibers Would Not Be Suited, or Would Be 
Significantly Less Well Suited
    Based on Dow's submission, the Commission has concluded that 
conventional olefins are not suitable, or not as suitable, for 
imparting the significant elasticity to certain apparel fabrics, such 
as knits and wovens, that consumers may expect or desire, and that CEF 
is a suitable stretch component. Thus, Dow's application has satisfied 
the Commission that CEF is suitable for uses for which other olefin 
fibers are not suited, or not as well suited. Accordingly, the 
Commission agrees with Dow that the granting of a generic subclass name 
to describe CEF is of importance to the general public, and not just a 
few knowledgeable professionals. A new generic subclass name will 
enable consumers to identify textile fiber products containing CEF (and 
other elastic olefin fibers) that exhibit significant stretch, 
elasticity, and heat resistance.
4. Conclusion
    Based on its review of the materials submitted by Dow, and in 
consultation with its expert, the Commission has concluded that CEF: 
(1) Has the same general chemical composition as an established generic 
fiber category (olefin); (2) has distinctive properties of importance 
to the general public as a result of a new method of manufacture or 
substantially differentiated physical characteristics, such as fiber 
structure (e.g., elasticity and heat resistance); and (3) that its 
distinctive feature(s) make the fiber suitable for uses for which other 
fibers under the established olefin generic name would not be suited, 
or would be significantly less well suited. Consequently, the 
Commission has determined that there are sufficient differences between 
CEF and conventional olefins to merit a new subclass designation. 
Therefore, the Commission is amending rule 7(m) to adopt and define the 
generic subclass name ``lastol,'' and to allow use of the name 
``lastol'' as an alternative to the generic name ``olefin'' for that 
subclass of fiber. Other companies that

[[Page 3816]]

manufacture fibers satisfying the definition also may use the subclass 
name in making required fiber content disclosures on labels.
    The Commission has decided to simplify slightly the definition of 
``lastol'' that Dow proposed and the Commission published for comment. 
The definition the Commission is adopting, however, is consistent with 
the definition, as proposed, as well as with the definition of 
``olefin'' in rule 7(m). The new definition of ``lastol'' defines the 
fiber generically in terms of its chemical composition, and identifies 
its physical elasticity and heat resistance characteristics. In 
addition, the Commission is reducing the minimum percentage by weight 
of ethylene and other olefin unit constituting the polymer in the final 
definition of ``lastol'' from 99 percent, as proposed, to 95 percent to 
account for a small percentage of inorganic molecules in the fiber 
that, according to Dow, are not included in the polymer.
    Accordingly, for the reasons discussed above, the Commission amends 
rule 7(m) of the Textile Rules by adding the following sentence at the 
end:

    Where the fiber-forming substance is a cross-linked synthetic 
polymer, with low but significant crystallinity, composed of at 
least 95 percent by weight of ethylene and at least one other olefin 
unit, and the fiber is substantially elastic and heat resistant, the 
term lastol may be used as a generic description of the fiber.

III. Effective Date

    The Commission is making the amendments effective today, January 
27, 2003, as permitted by 5 U.S.C. 553(d), because the amendments do 
not create new obligations under the rule; rather, they merely create a 
fiber name and definition that the public may use to comply with the 
rule.

IV. Regulatory Flexibility Act

    In the NPR, the Commission tentatively concluded that the 
provisions of the Regulatory Flexibility Act relating to an initial 
regulatory analysis, 5 U.S.C. 603-604, did not apply to the proposal 
because the amendments, if promulgated, would not have a significant 
economic impact on a substantial number of small entities. The 
Commission believed that the proposed amendments would impose no 
additional obligations, penalties, or costs. The amendments simply 
would allow covered companies to use a new generic name as an 
alternative to an existing generic name for that defined subclass of 
fiber, and would impose no additional labeling requirements. To ensure, 
however, that no substantial economic impact was overlooked, the 
Commission solicited public comment in the NPR on the effects of the 
proposed amendments on costs, profits, competitiveness of, and 
employment in small entities. 67 FR 36551, at 36554 (May 24, 2002).
    No comments were received on this issue. Accordingly, the 
Commission hereby certifies, pursuant to the Regulatory Flexibility 
Act, 5 U.S.C. 605(b), that the amendments promulgated today will not 
have a significant economic impact on a substantial number of small 
entities.

V. Paperwork Reduction Act

    These amendments do not constitute ``collection[s] of information'' 
under the Paperwork Reduction Act of 1995, Pub. L. 104-13, 109 Stat. 
163, 44 U.S.C. chapter 35 (as amended), and its implementing 
regulations, 5 CFR part 1320 et seq. Those procedures for establishing 
generic names that do constitute collections of information, 16 CFR 
303.8, have been submitted to OMB, which has approved them and assigned 
them control number 3084-0101.

List of Subjects in 16 CFR Part 303

    Labeling, Textile, Trade practices.

VI. Text of Amendments

    For reasons set forth in the preamble, 16 CFR part 303 is amended 
as follows:

PART 303--RULES AND REGULATIONS UNDER THE TEXTILE FIBER PRODUCTS 
IDENTIFICATION ACT

    1. The authority citation for part 303 continues to read as 
follows:

    Authority: Sec. 7(c) of the Textile Fiber Products 
Identification Act (15 U.S.C. 70e(c)).


    2. In Sec.  303.7, paragraph (m) is amended by adding a sentence at 
the end, to read as follows:


Sec.  303.7  Generic names and definitions for manufactured fibers.

* * * * *
    (m) * * * Where the fiber-forming substance is a cross-linked 
synthetic polymer, with low but significant crystallinity, composed of 
at least 95 percent by weight of ethylene and at least one other olefin 
unit, and the fiber is substantially elastic and heat resistant, the 
term lastol may be used as a generic description of the fiber.
* * * * *

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 03-1739 Filed 1-24-03; 8:45 am]
BILLING CODE 6750-01-P